Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The Court allowed the modification, permitting the petitioner to repay the defalcated amount in thirty monthly installments.
Summary
The petitioner, Chandan Kumar, was granted bail in a criminal case with a condition to repay a defalcated amount of Rs. 61,87,920 in twenty equal monthly installments. He complied by depositing the amount in the PACS account but argued that the installment schedule caused severe financial hardship. He filed a modification application seeking to extend the repayment period to thirty monthly installments. The State, represented by an A.P.P., raised no objection to the request. Considering the petitioner's hardship, the Court modified the bail condition, allowing repayment in thirty installments payable by the 15th of each month, while leaving the rest of the bail order unchanged.
Issues considered
- Whether the bail condition requiring repayment of the defalcated amount in twenty installments is excessive and can be modified due to the petitioner's financial hardship
- Whether the Court may alter the terms of a bail condition under Section 439 of the CrPC (implied) in a criminal miscellaneous proceeding
Subjects
- bail
- modification of bail conditions
- financial hardship
- defalcated amount
- installment payment
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9744 of 2026
In
CRIMINAL MISCELLANEOUS No.86854 of 2024
Arising Out of PS. Case No.-295 Year-2024 Thana- KESARIA District- East Champaran
======================================================
Chandan Kumar Son of Birendra Narayan Singh R/o Village - Gawandari,
Police Station - Kesariya, District - East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kumar Sanu Son of Sonelal Ram R/o Kalyanpur, P.S. - Kesharia, Dist. - East
Champaran at Motihari, at present Cooperative Extension Officer,
Kalyanpur, East Champaran at Motihari.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present modification application has been filed
seeking modification of paragraph no. 7(i) of the order dated
18.03.2025 passed in Cr. Misc. No. 86854 of 2024, whereby the
petitioner was granted bail with certain conditions in connection
with Kesariya P.S. Case No. 295 of 2024, and was directed to
return defalcated amount of ₹61,87,920/- (Rupees Sixty-One
Lakh Eighty-Seven Thousand Nine Hundred Twenty only) in
the account of Opposite Party No. 2.
3. The petitioner had earlier preferred a modification
Patna High Court CR. MISC. No.9744 of 2026(2) dt.06-02-2026
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application, which was allowed vide order dated 17.10.2025
passed in Cr. Misc. No. 60402 of 2025, whereby paragraph no.
7(i) of the order dated 18.03.2025 was modified and the
petitioner was directed to deposit the aforesaid defalcated
amount in the account of the concerned PACS maintained with
Motihari Central Cooperative Bank Limited, Motihari.
4. Learned counsel for the petitioner referring to
Annexure -P/2 to the present application submits that the
petitioner has been complying with the order dated 18.03.2025
by depositing the alleged defalcated amount in the savings bank
account of the concerned PACS. Learned counsel for the
petitioner further submitted that the condition imposed in
paragraph no. 7(i) requiring payment of the alleged amount in
twenty equal installments has become harsh and excessive,
owing to severe financial hardship to the petitioner. Learned
counsel for the petitioner, therefore, prays that the petitioner
may be permitted to return the amount in thirty (30) monthly
installments.
5. Learned A.P.P. for the State raises no objection to
the prayer made on behalf of the petitioner.
6. In view of the aforesaid submissions advanced by
learned counsel for the petitioner, and taking into account the
Patna High Court CR. MISC. No.9744 of 2026(2) dt.06-02-2026
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financial hardship faced by the petitioner, this Court is inclined
to allow the present modification application.
7. Accordingly, paragraph no. 7(i) of the order dated
18.03.2025 passed in Cr. Misc. No. 86854 of 2024 is modified
to the extent that the petitioner shall return the aforesaid
defalcated amount in thirty (30) monthly installments, which
shall be paid by the 15th of every month.
8. Accordingly, the order dated 18.03.2025 passed in
Cr. Misc. No. 86854 of 2024 stands modified to the aforesaid
extent.
9. The rest part of the order dated 18.03.2025 passed
in Cr. Misc. No. 86854 of 2024 shall remain intact.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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